DUI

"If I get a DUI, do I need an attorney, even if I intend to plead "Guilty"

     Yes, you need to retain an attorney.  The  DUI laws in Mississippi can be complicated and a "Guilty Plea" can have serious long-term consequences.

          --We advise anyone who contacts our firm to retain a qualified and experienced DUI Attorney, even if he or she does not end up being our client.

          --Our firm has many years experience dealing with DUIs in Mississippi and we will be happy to answer any questions you may have.  

          --Having a qualified DUI attorney makes all the difference, short-term and long-term.   

"If this is my first DUI offense, is there an alternative to pleading guilty or having a trial?"

     Yes.   Since October of 2014 Mississippi DUI law has provided for "Non-Adjudication" for a first offense DUI for certain first offenders. 

First of all, if you had a Commercial Driver's License at the time of the Charge you are not eligible.  

If you did have a regular driver's license, this is the test you must pass on the front end.

                -You have not had a prior DUI Non-Adjudicated

                -You have never been convicted of a DUI or have a DUI charge currently pending

If you can answer yes to both of those things and pass the test, then Non-Adjudication is an option.  

Keep in mind you may be innocent of the charge or the State may not be able to prove your guilt beyond a reasonable doubt, so you attorney should fully explore the evidence against you and what

the State can prove in order to make any recommendation.

     (Hint:  See Mississippi Code Annotated Section 63-11-30 (14), for a full explanation of the Non-Adjudication process, or contact our offices with any questions you may have involving a DUI charge) 

  "The officer did not read me my rights before I took the Breathalyzer.   Is this legal?"

   Yes, it is legal.  The officer does not have to read you your right against self-incrimination, your right to an attorney, etc., before he gives you the breathalyzer.  This is also true of any "field

sobriety" tests such as the one-legged stand or the walk and turn.    These rights are known as the "Miranda Rights" and only apply to the admissibility in court of oral or written statements you may

make when "Miranda"  is not given.  

Also, look at the "Recent Decisions Of Interest" on my Web Page For More Information on DUIs